DIMAPUR, OCTOBER 24 (MExN): The Nagaland State Disability Forum (NSDF) has submitted a representation to the Nagaland State Chief Minister, calling for implementation of the central government’s notification regarding the appointment against unreserved vacancies in posts which are identified as suitable for persons with disabilities.
The NSDF particularly pointed to immediate implementation of Notification No, AR-3/Gen’9/97, dated January 16, 2008 and the OM No.36035/3/2004-Estt(Res), dated December 29, 2005, Ministry of Personnel, Public Grievances & Pensions, Department of Personnel & Training.
It informed that as per the OM, the Government of India has provided that “in posts which are identified suitable for persons with disabilities, a person with disability cannot be denied the right to compete for appointment against an unreserved vacancy. “Thus a person with disability can be appointed against an unreserved vacancy, provided the post is identified suitable for persons with disability of the relevant category,” it added.
In tune with this, the Nagaland government had also issued a notification in 2008 stating that “when such applicants with the prescribed disability qualify such examination or interview or both or any other test meant for direct recruitment to posts concerned, on general standards, will be subjected to examination by a State Medical Board constituted of the purpose to certify that the disability they suffer will not hinder the works they ought to perform after their recruitment. If the State Medical Board certifies them in this regard, subject to other verifications normally done, they are entitled to be appointed; if not, they shall not be appointed.”
The NSDF informed that the law permits persons with disabilities unless found medically unfit to be appointed to the posts which are not under the reserved category. “The persons with physical disabilities unless found medically unfit to man the unreserved/general category posts, if belongs to the backward category of the State of Nagaland, cannot be barred from enjoying the backward quota reserved under the roster system, i.e., including the post of EAC,” it pointed out.
Further as per provisions, the posts of administrative officers should also have separate reservation for the persons with disabilities, unless found medically unfit to man the posts according to different disabilities.
The NSDF pointed out in Justice Sunanda Bhandare Foundation vs Union of India & Anr, it is reflected that the State of Nagaland is the poorest State when it comes to implementation of the laws for the persons with disabilities; and given the circumstances… “the new act which provides for 4% should be enhanced to 5% as earlier provided…”
In view of this, the NSDF asked the Nagaland CM to immediately direct the NPSC to function within the ambit of the law and allow the persons with disabilities to compete in the unreserved posts for persons with disabilities, as well as direct the NPSC to allow the persons with disabilities to enjoy backward quota in the posts which is not reserved for persons with disabilities.
“The direction to the NPSC should be given before October 28, 2017, which is the anticipated day for declaration of Civil and Allied Service results,” it further urged.
